Pettigrew v. . McCoin
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at, September Term, 1913, of DiÍRI-iam. This is an appeal from tbe refusal of a motion to dismiss tbe present action, upon tbe ground of the pendency of another action in Yance County, beard upon tbe following facts: “Tbe defendant in this action caused a summons to be issued against tbe plaintiff here from tbe Superior Court of Yance County, on 5 March, 1913, entitled R. S. McCoin v. W. J. Petti-grew and tbe American Bonding Company of…
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Appeal by defendant from Devin, J., at, September Term, 1913, of DiÍRI-iam. This is an appeal from tbe refusal of a motion to dismiss tbe present action, upon tbe ground of the pendency of another action in Yance County, beard upon tbe following facts: “Tbe defendant in this action caused a summons to be issued against tbe plaintiff here from tbe Superior Court of Yance County, on 5 March, 1913, entitled R. S. McCoin v. W. J. Petti-grew and tbe American Bonding Company of Baltimore, Maryland, which was immediately sent by mail to tbe sheriff of Dur-bam County for service. It was in tbe office…
1Opinion of the CourtAlleN, J.
Tbe question presented by this appeal is whether an action is pending from tbe issuing of tbe summons or from its service.
There is a diversity, but not necessarily a conflict, of opinion on tbe point, due to tbe fact that it is held in some States that tbe action is commenced when tbe complaint is filed, in others when tbe process is issued, and in others when tbe process is served (1 A. and E. PI. and Pr., 119), and this apparent conflict in tbe decisions as to tbe time of tbe commencement of tbe action seems to have originated in tbe difference in tbe rule at law and in equity, before tbe…
2Cases cited2 opinions
- Handlan v. HandlanWest Virginia Supreme Court · 1892
- Simmons v. . SimmonsSupreme Court of North Carolina · 1866